
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-56 Section 623]
[CITE: 42USC10603]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 112--VICTIM COMPENSATION AND ASSISTANCE
 
Sec. 10603. Crime victim assistance


(a) Grant authority of Director; chief executive of States; amount; 
        insufficient funds

    (1) Subject to the availability of money in the Fund, the Director 
shall make an annual grant from any portion of the Fund made available 
by section 10601(d)(2) \1\ of this title for the purpose of grants under 
this subsection, or for the purpose of grants under section 10602 of 
this title but not used for that purpose, to the chief executive of each 
State for the financial support of eligible crime victim assistance 
programs.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
    (2) Such chief executive shall--
        (A) certify that priority shall be given to eligible crime 
    victim assistance programs providing assistance to victims of sexual 
    assault, spousal abuse, or child abuse;
        (B) certify that funds shall be made available for grants to 
    programs which serve previously underserved populations of victims 
    of violent crime. The Director, after consultation with State and 
    local officials and representatives from private organizations, 
    shall issue guidelines to implement this section that provide 
    flexibility to the States in determining the populations of victims 
    of violent crimes that may be underserved in their respective 
    States;
        (C) certify that funds awarded to eligible crime victim 
    assistance programs will not be used to supplant State and local 
    funds otherwise available for crime victim assistance; and
        (D) provide such other information and assurances related to the 
    purposes of this section as the Director may reasonably require.

    (3) The amounts of grants under paragraph (1) shall be--
        (A) the base amount to each State; and
        (B) that portion of the then remaining available money to each 
    State that results from a distribution among the States on the basis 
    of each State's population in relation to the population of all 
    States.

    (4) If the amount available for grants under paragraph (1) is 
insufficient to provide the base amount to each State, the funds 
available shall be distributed equally among the States.
    (5) As used in this subsection, the term ``base amount'' means--
        (A) except as provided in subparagraph (B), $500,000; and
        (B) for the territories of the Northern Mariana Islands, Guam, 
    American Samoa, and the Republic of Palau, $200,000, with the 
    Republic of Palau's share governed by the Compact of Free 
    Association between the United States and the Republic of Palau.

(b) Eligibility of program; factors; limitation on expending of sums

    (1) A victim assistance program is an eligible crime victim 
assistance program for the purposes of this section if such program--
        (A) is operated by a public agency or a nonprofit organization, 
    or a combination of such agencies or organizations or of both such 
    agencies and organizations, and provides services to victims of 
    crime;
        (B) demonstrates--
            (i) a record of providing effective services to victims of 
        crime and financial support from sources other than the Fund; or
            (ii) substantial financial support from sources other than 
        the Fund;

        (C) utilizes volunteers in providing such services, unless and 
    to the extent the chief executive determines that compelling reasons 
    exist to waive this requirement;
        (D) promotes within the community served coordinated public and 
    private efforts to aid crime victims; and
        (E) assists potential recipients in seeking crime victim 
    compensation benefits.

    (2) Except as provided in paragraph (3), an eligible crime victim 
assistance program shall expend sums received under subsection (a) of 
this section only for providing services to victims of crime.
    (3) Not more than 5 percent of sums received under subsection (a) of 
this section may be used for the administration of the State crime 
victim assistance program receiving such sums.

(c) Grants: purposes; distribution; duties of Director; reimbursement by 
        Director

    (1) The Director,\2\ shall make grants--
---------------------------------------------------------------------------
    \2\ So in original. The comma probably should not appear.
---------------------------------------------------------------------------
        (A) for demonstration projects and training and technical 
    assistance services to eligible crime victim assistance programs; 
    and
        (B) for the financial support of services to victims of Federal 
    crime by eligible crime victim assistance programs.

    (2) Of the amount available for grants under this subsection--
        (A) not more than 50 percent shall be used for grants under 
    paragraph (1)(A); and
        (B) not less than 50 percent shall be used for grants under 
    paragraph (1)(B).

    (3) The Director shall--
        (A) be responsible for monitoring compliance with guidelines for 
    fair treatment of crime victims and witnesses issued under section 6 
    of the Victim and Witness Protection Act of 1982 (Public Law 97-291) 
    [18 U.S.C. 1512 note];
        (B) consult with the heads of Federal law enforcement agencies 
    that have responsibilities affecting victims of Federal crimes;
        (C) coordinate victim services provided by the Federal 
    Government with victim services offered by other public agencies and 
    nonprofit organizations; and
        (D) perform such other functions related to the purposes of this 
    title as the Director deems appropriate.

    (4) The Director may reimburse other instrumentalities of the 
Federal Government and contract for the performance of functions 
authorized under this subsection.

(d) Definitions

    As used in this section--
        (1) the term ``State'' includes the District of Columbia, the 
    Commonwealth of Puerto Rico, the United States Virgin Islands, and 
    any other territory or possession of the United States; and
        (2) the term ``services to victims of crime'' includes--
            (A) crises intervention services;
            (B) providing, in an emergency, transportation to court, 
        short-term child care services, and temporary housing and 
        security measures;
            (C) assistance in participating in criminal justice 
        proceedings; and
            (D) payment of all reasonable costs for a forensic medical 
        examination of a crime victim, to the extent that such costs are 
        otherwise not reimbursed or paid;

        (3) the term ``services to victims of Federal crime'' means 
    services to victims of crime with respect to Federal crime, and 
    includes--
            (A) training of law enforcement personnel in the delivery of 
        services to victims of Federal crime;
            (B) preparation, publication, and distribution of 
        informational materials--
                (i) setting forth services offered to victims of crime; 
            and
                (ii) concerning services to victims of Federal crime for 
            use by Federal law enforcement personnel; and

            (C) salaries of personnel who provide services to victims of 
        crime, to the extent that such personnel provide such services;

        (4) the term ``crises intervention services'' means counseling 
    to provide emotional support in crises arising from the occurrence 
    of crime; and
        (5) the term ``chief executive'' includes a person designated by 
    a chief executive to perform the functions of the chief executive 
    under this section.

(Pub. L. 98-473, title II, Sec. 1404, Oct. 12, 1984, 98 Stat. 2172; Pub. 
L. 99-401, title I, Sec. 102(b)(4), (5), Aug. 27, 1986, 100 Stat. 905; 
Pub. L. 99-646, Sec. 71, Nov. 10, 1986, 100 Stat. 3617; Pub. L. 100-690, 
title VII, Secs. 7122, 7123(b)(4)-(9), 7127, 7128, title IX, 
Sec. 9306(a), Nov. 18, 1988, 102 Stat. 4420, 4421, 4423, 4537; Pub. L. 
103-317, title I, Sec. 112, Aug. 26, 1994, 108 Stat. 1736; Pub. L. 103-
322, title XXIII, Secs. 230204, 230205, 230208, Sept. 13, 1994, 108 
Stat. 2080; Pub. L. 104-132, title II, Sec. 232(c)(2), Apr. 24, 1996, 
110 Stat. 1244.)

                       References in Text

    Section 10601(d)(2) of this title, referred to in subsec. (a)(1), 
was repealed and a new section 10601(d)(2) was added by Pub. L. 103-322, 
title XXIII, Sec. 230201(a)(1), Sept. 13, 1994, 108 Stat. 2079. The new 
section 10601(d)(2) does not contain provisions relating to availability 
of Fund money for grants under this section or section 10602 of this 
title. See section 10601(d)(4) of this title.


                               Amendments

    1996--Subsec. (a)(5). Pub. L. 104-132 amended par. (5) generally. 
Prior to amendment, par. (5) read as follows: ``As used in this 
subsection, the term `base amount' means--
        ``(A) $150,000 for fiscal years 1989 through 1991; and
        ``(B) $200,000 thereafter.''
    1994--Subsec. (a)(5)(B). Pub. L. 103-322, Sec. 230208, amended 
subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: 
``$200,000 thereafter through fiscal year 1995.''
    Pub. L. 103-317 substituted ``1995'' for ``1994''.
    Subsec. (b)(2). Pub. L. 103-322, Sec. 230205(a), substituted 
``Except as provided in paragraph (3), an eligible'' for ``An 
eligible''.
    Subsec. (b)(3). Pub. L. 103-322, Sec. 230205(b), added par. (3).
    Subsec. (c)(1)(A). Pub. L. 103-322, Sec. 230204, inserted 
``demonstration projects and'' before ``training''.
    1988--Subsec. (a)(1). Pub. L. 100-690, Sec. 7123(b)(4), substituted 
``Director'' for ``Attorney General''.
    Subsec. (a)(2)(B). Pub. L. 100-690, Sec. 7122(1), added subpar. (B). 
Former subpar. (B) redesignated (C).
    Subsec. (a)(2)(C). Pub. L. 100-690, Sec. 7122(2), redesignated 
subpar. (B) as (C). Former subpar. (C) redesignated (D).
    Subsec. (a)(2)(D). Pub. L. 100-690, Sec. 7123(b)(5), which directed 
substitution of ``Director'' for ``Attorney General'' in subpar. (C), 
was executed by making substitution in subpar. (D) to reflect the 
probable intent of Congress and the intervening redesignation of subpar. 
(C) as (D), see below.
    Pub. L. 100-690, Sec. 7122(2), redesignated subpar. (C) as (D).
    Subsec. (a)(3) to (5). Pub. L. 100-690, Sec. 7128, substituted ``the 
base amount'' for ``$100,000'' in pars. (3)(A) and (4) and added par. 
(5).
    Subsec. (c)(1). Pub. L. 100-690, Sec. 7123(b)(6), substituted 
``Director'' for ``Attorney General, acting through the Assistant 
Attorney General for the Office of Justice Programs''.
    Subsec. (c)(3). Pub. L. 100-690, Sec. 7123(b)(7), (8), substituted 
``Director'' for ``Assistant Attorney General for the Office of Justice 
Programs'' in introductory provisions and ``Director deems appropriate'' 
for ``Attorney General may assign'' in subpar. (D).
    Subsec. (c)(4). Pub. L. 100-690, Sec. 7123(b)(9), substituted 
``Director'' for ``Attorney General''.
    Subsec. (d)(1). Pub. L. 100-690, Sec. 9306(a), struck out ``, except 
for the purposes of paragraphs (3)(A) and (4) of subsection (a) of this 
section,'' before ``any other territory''.
    Pub. L. 100-690, Sec. 7127, inserted reference to the United States 
Virgin Islands.
    1986--Subsec. (a)(1). Pub. L. 99-401, Sec. 102(b)(5), substituted 
``made available by section 10601(d)(2) of this title for the purpose of 
grants under this subsection, or for the purpose of grants under section 
10602 of this title but not used for that purpose'' for ``not used for 
grants under section 10602 of this title with respect to a particular 
fiscal year, and after any deduction under subsection (c) of this 
section''.
    Subsec. (c)(1), (2). Pub. L. 99-401, Sec. 102(b)(4), added pars. (1) 
and (2) and struck out former pars. (1) and (2) which read as follows:
    ``(1) The Attorney General may in any fiscal year deduct from 
amounts available under this section an amount not to exceed 5 percent 
of the amount in the Fund, and may expend the amount so deducted to 
provide services to victims of Federal crimes by the Department of 
Justice, or reimburse other instrumentalities of the Federal Government 
otherwise authorized to provide such services.
    ``(2) The Attorney General shall appoint or designate an official of 
the Department of Justice to be the Federal Crime Victim Assistance 
Administrator (hereinafter in this chapter referred to as the `Federal 
Administrator') to exercise the responsibilities of the Attorney General 
under this subsection.''
    Subsec. (c)(2)(A). Pub. L. 99-646, Sec. 71(1), substituted ``not 
more than'' for ``not less than''.
    Subsec. (c)(2)(B). Pub. L. 99-646, Sec. 71(2), substituted ``not 
less than'' for ``not more than''.
    Subsec. (c)(3). Pub. L. 99-401, Sec. 102(b)(4), substituted ``The 
Assistant Attorney General for the Office of Justice Programs shall'' 
for ``The Federal Administrator shall''.


                    Effective Date of 1988 Amendment

    Amendment by sections 7122, 7123(b)(4)-(9), 7127, and 7128 of Pub. 
L. 100-690 not applicable with respect to a State compensation program 
that was an eligible State crime victim compensation program on Nov. 18, 
1988, until Oct. 1, 1991, see section 7129 of Pub. L. 100-690, as 
amended, set out as a note under section 10601 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 10601, 10603a, 10603b, 10605 
of this title.
